87R66 AJZ-D
By: Ortega H.B. No. 118
A BILL TO BE ENTITLED
AN ACT
relating to requiring a national instant criminal background check
in connection with private firearm transfers; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Licensed firearms dealer" means a person who is
licensed as a firearms dealer under 18 U.S.C. Section 923.
(3) "Peace officer" has the meaning assigned by
Article 2.12, Code of Criminal Procedure.
SUBCHAPTER B. REGULATION OF PRIVATE FIREARM TRANSFERS
Sec. 205.051. REQUIREMENTS FOR PRIVATE FIREARM TRANSFER;
OFFENSE. (a) A person may not sell or otherwise transfer a firearm
to another person unless:
(1) the person is a licensed firearms dealer; or
(2) the person is not a licensed firearms dealer, and:
(A) the person sells or transfers the firearm to
a licensed firearms dealer, a peace officer, a law enforcement
agency, or a person licensed to carry a handgun under Subchapter H,
Chapter 411, Government Code;
(B) the transferor and the transferee are related
within the third degree by consanguinity or within the second
degree by affinity as determined under Chapter 573, Government
Code; or
(C) before delivering the firearm to the person
to whom the firearm is being sold or transferred, the person selling
or transferring the firearm requests that a licensed firearms
dealer conduct, in the manner required by 18 U.S.C. Section 922, a
national instant criminal background check to verify that the
person to whom the firearm is being sold or transferred may lawfully
possess a firearm.
(b) A person who violates this section commits an offense.
An offense under this section is a Class B misdemeanor. Each firearm
sold or transferred in violation of this section constitutes a
separate offense.
Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
licensed firearms dealer receives a request to conduct a national
instant criminal background check under Section 205.051(a)(2)(C),
the dealer shall:
(1) in the manner required by 18 U.S.C. Section 922,
conduct the criminal background check to verify that the person to
whom the firearm is being sold or transferred may lawfully possess a
firearm; and
(2) notify the person who is selling or transferring
the firearm of the results of the criminal background check.
(b) A licensed firearms dealer who performs a national
instant criminal background check under this section may collect a
reasonable fee from the person who requests the criminal background
check.
SECTION 2. This Act takes effect September 1, 2021.